Workplace Editor

Tom Karbanowicz was asked to travel distances of up to 200 kilometres as part of his job, but when he asked for an allowance to cover the costs of using his own car, he was threatened with the sack.

Three years after the Fair Work Ombudsman took up his case, his former employer has been fined $9000 and Mr Karbanowicz has just received $3380 in compensation.

"I’m relieved it’s over," he said.

Fair Work Ombudsman Natalie James said on Sunday the court decision should remind employers that it is not acceptable to penalise an employee for querying minimum entitlements.

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Mr Karbanowicz was entitled to a rate of 74 cents a kilometre for using his car, but when he asked for an allowance, he was told he “should not expect a good outcome” and if he pursued the matter, “may be fired for causing trouble”.

The Fair Work Ombudsman reported on Sunday that Tuscan Landscape Company Pty Ltd was last week fined $9000 for breaching the Fair Work Act.

The company distributes landscape supplies to retailers in NSW, Queensland and Victoria.

It was ordered to pay Mr Karbanowicz $3381 in compensation for economic and non-economic loss, including stress and anxiety, hurt, humiliation and inconvenience.

The company’s northern regional manager Steven Commons and Queensland state manager Matthew Thompson have also been fined $540 and $550, respectively. Judge Michael Burnett imposed the penalties in the Federal Circuit Court in Brisbane.

Mr Thompson had advised Mr Karbanowicz that Tuscan would not pay him a vehicle allowance and his only option was to keep a log book and claim the expense as part of his tax return.

The Fair Work Ombudsman said that after learning he had lodged an official complaint, Mr Thompson called the employee and ‘‘used words to the effect that if he kicked up a fuss the big bosses probably would not be happy and would say just sack this guy”.